Standing before a judge in a courtroom can be daunting for anyone — let alone someone with zero legal know-how and up against a more powerful adversary.
But that is exactly what 44-year-old Kenyan Yvonne did after her businessman husband left her for another woman. For years he ignored her pleas for a divorce, leaving her with little option but to become her own lawyer and take him to court.
“I had never been in a court and didn’t know any of that legal jargon. I didn’t even know whether you say ‘Your Lordship or Your Honour’,” laughed Ms. Yvonne, who makes a living doing voiceovers.
“It was very intimidating to speak to the judge in front of so many people. But with each court session, my confidence grew and it was just unbelievable when the verdict came.”
Within six months, the judge at the family court in Kenya’s capital Nairobi granted Ms. Yvonne’s divorce.
Unable to meet high legal fees and wary of dodgy lawyers, hundreds of women in Kenya are becoming their own advocates, taking to the courts to fight their estranged husbands for divorce, child custody and maintenance and are winning.
86% success
The initiative, run by the Federation of Women Lawyers in Kenya (FIDA), equips women with legal information and useful advice on how to represent themselves in court.
Over 700 women have filed petitions in court and acted as their own lawyers over the last eight years — with 86% of them achieving a successful verdict, according to FIDA. “We assess the client’s ability in terms of how they talk and express themselves. If their ability is not to the standard, then we assign a pro bono lawyer,” said Jeremy Mutika from FIDA’s Access to Justice programme. “We have to ensure those who represent themselves are able to control their emotions, and speak to the judge with a sober mind. This is essential.”
Kenya’s economy has grown on average by 5% annually over the last decade, but the benefits have not been equally shared.
One in five women in Kenya are married before 18, and almost 40% of girls and women have been beaten or sexually assaulted by their partners or husbands, says UN Women. Women own only 1% of agricultural land, despite contributing 80 percent of the country’s farm labour, according to Kenya National Bureau of Statistics.
Conservative cultural norms can also prevent women from speaking out in the largely Christian nation.
“I think access to justice programmes can help to demystify the whole issue surrounding the law,” said Angela Nyamu, child protection advisor for the charity Terres Des Hommes.
